Thursday, September 10, 2009
President Obama today extended the national emergency declared on September 14, 2001, by President Bush:
Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. Sec. 1622(d), I am continuing for 1 year the national emergency declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.
The emergency powers allow the President to call up the reserves and extend terms of active duty military, among other things. (Check out President Bush's original declaration, quoted in full in the link above to the National Emergencies Act, for a list of citations to emergency powers triggered by the declaration.)
50 U.S.C. Sec. 1621 authorizes the President to declare such a national emergency.
The extension is written in language very close to President Bush's original declaration; it breaks no new ground, and we can't make any inferences about the administration's constitutional positions on presidential war-time or emergency powers. Instead, the extension probably only reflects the administration's continued need for flexibility in troop deployments in active military and combat zones.